The “Hold Harmless” clause

#191205
AvatarSteveMann
Participant

The “Hold Harmless” clause is a thin protection that is most successful in intimidating the client. The fact is, as a videographer, you are expected to know better and if you if you were sued by the RIAA, the “hold-harmless” paper would likely be nonadmissible because the client cannot be reasonably expected to understand the meaning of “rights to use” copyrighted works.

To the best of my knowledge, no videographer has ever been sued for adding music from a client’s CD to their wedding video. There have been quite a few “cease and desist” letters sent to those videographers stupid enough to put popular music on their websites’ demo videos.

I don’t think that the RIAA is ready to test the water over this. It is perfectly legal for a bride to add music from a CD that she bought to any of her videos. If the videographer only acts as her employee to do this for her, then where’s the violation?

Steve (Not a Lawyer)

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